ND Bar Practice Questions - North Dakota Bar Examination Exam

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A testator's validly executed will leaves her entire estate to her brother. After execution, she marries and has a child but never updates the will. Under the typical pretermitted-heir (omitted child) statute, the afterborn child:

Takes nothing, because the will is controlling Generally takes an intestate share, unless the omission appears intentional or is otherwise provided for Inherits the entire estate automatically May contest the will only on grounds of undue influence

Correct Answer:

Generally takes an intestate share, unless the omission appears intentional or is otherwise provided for

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